Applying for a court order as a parent

Any advice here would be great!

I recently posted about trying to negotiate a property buyout with my ex. Since the negotiations broke down last week my ex has refused to let me speak to my daughter (this is something we did everyday) and I have just attempted to pick her up as I normally would on a Monday night. She phoned the police and I basically had to walk away or risk a breach of the peace.

Since the split I have had my daughter over night every other Monday and every other weekend without fail as well as ad hoc days (minimum 4 nights per 14). She knows the only way to hurt me is by refusing to let me see or speak to our daughter and is only doing so to get me to accept her paltry offer for the property buyout (we are joint owners and the property has £60k equity and is worth £100k more than the purchase price, she will not offer more than £17k) 

I now intend to apply for full custody. I am in stable relationship and live in a 2 bed property with my current partner.

If anyone has a similar experience or can offer some advice and guidance as to what to expect please let me know.

I have attempted to initiate mediation and she is refusing to speak to the mediator.

Thanks in advance

As part of my own divorce the

As part of my own divorce the judge ordered that the home could not be sold until our son reached adulthood. Any equity was to be split at this time. 

I became financially stable enough to sell and provide him with his share within a couple of years however. 

Unless there's a reason to remove the child from its mother you won't be given full custody but will be awarded access and at least that will prevent her dictating when you can see your child. 

Hi, thanks for your response.

Hi, thanks for your response. We are/were not married and the property is jointly owned. Up until now the agreement we have has been fine. It is only because I am not accepting a ridiculous offer for her to buy me out. The question is not about forcing the sale but very clear cut. I have told her I will accept £20k so the arguement is over £3k. I have always been a devoted parent and remain so. I will be applying for full custody as I will happily raise her myself if I have to. I am fully expectant not to be given full custody but expect the minimum current agreement to be adhered to. On a number of occasions she has stated that I need to have her more

Bear in mind that if you are

Bear in mind that if you are asking the court to determine with which of you, your daughter should live for most of the time, the court will have first and foremost to consider her ( your daughter's) best interests.  The other factors to be considered are set out here

It sounds as if niether you nor your ex are considering your daughter's best interests at the moment while you squabble over how much you should receive from the property.

I am not sure from your post whether you have sought mediation for the financial matters or the matters concerning your daughter or possibly both. In any event, they are separate matters.

If the problems with seeing your daughter persist, you can attempt mediation or make an emergency application to the court if circumstances justify.  But at present, it sounds as if you and your ex  are both "using her" as a weapon in your fight against each other which may cause her long term harm. I can't see how you could justify asking the court to consider a change of residence on the facts that you have outlined

Retired solicitor with 30+ years experience of family law but what I say should not be relied on as legal advice

Hi, and thanks for

Hi, and thanks for responding. I have only ever had my daughter's interests at the forefront of my mind. I have always maintained contact and never missed a day I was due to see her and in many cases made extra efforts where work allows to have her additional days. I call to talk to her every day but over the last week this has been denied due to the financial situation I described. I went there today to pick her up as normal and this was denied by the mother. I am a dad that is now at my wit's end as I can see the damage her mother is doing to her. My intention to apply for full custody is because I am a committed parent and love my daughter dearly


If contact is being denied

If contact is being denied without good reason, why not ask the court to deal with an emergency application for restoration of contact?   It seems that this problem has only recently arisen and is not an indicator of long term problems that would make it appropriate for your daughter to move home to live with you.

Retired solicitor with 30+ years experience of family law but what I say should not be relied on as legal advice

User login


twitter link facebook link
netlawman link